Legal Question in Real Estate Law in New Jersey
Addition to a deed:
My mother's health has become and issue. She is no longer able to handle here personal business do to the fact that she is no longer able to get around.
The current deed is in her name and the name of my deceased father. I suggested that she add my name to the deed and she has agreed.
What is the best have my name added to the deed and what forms are necessary?
3 Answers from Attorneys
Re: Addition to a deed:
You and your mom need a little more assistance than just putting your name on the deed. you should consult an attorney, and find out what you should do to make this all go more smoothly for you and your mother.
Re: Addition to a deed:
If your mother wishes to have you added to a deed, she will need to make a new deed transferring the property to herself and to you as either tenants in common, or joint tenants. There are additional forms which must be completed and recorded with the deed at the county register's office.
I would recommend that you obtain the assistance of an attorney for this, to be sure the papers are properly prepared and executed. Like some other attorneys who practice elder law, I do make house calls for clients who are unable to come to my office.
Re: Addition to a deed:
You could have your name added if you are trying to avoid future nursing home debt. However, you will have to pay a larger capital gains tax when you sell the house. What you definitely need is a durable power of attorney signed by your mother if she still understands and comprehends what you are doing. Otherwise, in order to act on her behalf you would have to go to Court to be appointed her Guardian. In any event, you should see an attorney and bring a copy of her deed. If you call our office and mention LawGuru, the first half hour is free.